At Coutts Lawyers & Conveyancers, we understand the devastating impact personal injuries arising from motor vehicle accidents can have, not only in a physical capacity, but also your emotional, mental and financial well-being. We assist people who have suffered with physical or psychological injury from motor vehicle accidents to claim compensation for their injuries.

In What Circumstances Can I Make a Motor Vehicle Accident Claim?

Motor vehicle accident claims are not limited to the drivers and passengers of motor vehicles. Motor vehicle accidents can involve cars, drivers, passengers, pedestrians and cyclists. A “vehicle” can also include motorcycles, trucks, forklifts, trailers and farm equipment.

A motor vehicle accident claim can be made in a range of circumstances, including accidents that are blameless. For example, you may be entitled to make a compensation claim if you are:

• A driver or passenger injured in a motor vehicle accident, regardless of the cause;
• Claiming for a single vehicle accident;
• A pedestrian or cyclist injured by a vehicle;
• A passenger injured on public transport including trains, ferries, buses and trams;
• A worker injured in a motor vehicle accident while commuting to or from work, or while travelling for work, even if the accident occurred off-road.

A compensation claim for a motor vehicle accident can even be made if the vehicle at fault was unidentified or unregistered.

What Types of Injuries Can I Claim Compensation For?

At Coutts, we manage compensation claims for all types of personal injury resulting from motor vehicle accidents including:

• Spinal injury;
• Head injury;
• Fracture;
• Whiplash;
• Soft tissue;
• Eye injury;
• Burns and scarring;
• Psychological injuries including shock, anxiety and depression

What Compensation Am I Entitled To?

Statutory Entitlements

As of 1 December 2017, any person, including at-fault drivers, are able to make a claim for statutory benefits if they have been injured in a motor vehicle accident. If you have been injured, you may be entitled to:

• Weekly payments for loss of income;
• Medical expenses;
• Other expenses such as expenses for personal care, transportation or domestic duties.

However, you are excluded from making a claim if:

• The vehicle of the at fault driver is uninsured;
• A serious driving offence was committed by the injured party; and
• If workers’ compensation is payable instead.

If you are entitled to compensation, any compensation is paid by the Compulsory Third Party (CTP) insurance company of the vehicle at fault in the accident.

Common Law Damages

You may be entitled to make a further claim for claim common law damages if:

• You were not at fault for your motor vehicle accident; and
• You have suffered more than a “minor injury”. I.e a “non-minor injury”.

Common law damages are lump sum compensation. Common law damages can include:

• Damages for economic loss (past and future loss of income);
• Damages for non-economic loss (compensation for pain and suffering).

How Much Compensation Am I Eligible For?

The amount of compensation that can be claimed for a motor vehicle accident will depend on a range of factors, such as:

• The nature and extent of your injury
• The cost of your medical expenses
• Your loss of earnings
• How your injury will affect your ability to work in the future
• Whether you need assistance around the home due to your injury

Do Time Limits Apply to a Claim for Compensation?

Yes, strict time limits apply to motor vehicle accident claims:

• The motor vehicle accident must be reported to police within 28 days of the accident;
• A personal injury claim form must be lodged with the relevant CTP insurer within three (3) months of the accident. However, it is ideal to lodge the claim within 28 days of the accident to ensure you can claim the maximum benefits;
• If you are eligible, a claim for common law damages must be commenced within three (3) years from the date of the accident.

If time limits are not complied with, any potential rights to compensation that you have may be lost. Therefore, it is important to seek legal advice as soon as possible if you have been involved in a motor vehicle accident.

Why Choose Coutts?

We understand that suffering an injury from a motor vehicle accident is a traumatic and stressful experience. At Coutts, we bring a personal approach to the law. Our team will be by your side throughout the whole process. We will keep you informed and updated with your matter.

Coutts have the expertise and experience to stand behind you in making a Motor Vehicle Accident claim and give advice in a language you understand…without the legal jargon.